Commercial Image Use
Please read the following before contacting me for a commercial commission.
Feel free to message me after reading if you have questions or would like clarification.
Contact email: firstname.lastname@example.org
These Terms of Service are relevant to commissioning me (Guttertongue) for custom art pieces and are subject to revisions, edits, and additions without notice.
If the client wishes to use commissioned artwork as part of a commercial project, the following terms apply:
- Payment for commercial use gives the client rights to use the artwork in ways outlined within the license ONLY. Commercial usage of the art by the client outside of the agreed upon terms may result in additional fees or, if left unresolved, blacklisting the client from future collaboration.
- The client may not use licensed artwork in conjunction with other written or visual media that goes against the artist's ToS. [LINK] For example, commercial rights will NOT be granted for a project that would place the licensed art beside depictions of hateful imagery or writing, pornography, or untoward depictions of minors.
- Commercial rights will NOT be granted to a project that implements cryptocurrency or NFTs.
- Unless the client purchases exclusive usage rights, the artist retains the right to use the work as part of galleries/portfolios to showcase the work.
- The licensed artwork my not be altered by anyone but the artist unless permitted within the terms of the license, with the exception of resizing/cropping the image. The client is encouraged to ask for any other necessary changes to the original artwork.
- The client must outline ALL intended usage for the commissioned work before the license can be drafted and agreed upon. Cost will be reliant on the image's intended use.
- The artist must still be credited for creation of the image, in whatever format the client feels appropriate to the project.
- The image's commercial license cannot be sold or gifted to a third party without the artist's consent.
For ease, all licenses I currently consider are paid in one installment for a permanent agreement. I do not currently offer royalty-based commercial licensing.
- A commercial project where the image would be part of a greater whole, for example as an illustration in a physical book, PDF or website hosting a digital product, which may include writing/images by other creators.
+50%-100% of original price, depending on project scale
- Commercial use in which the art itself is the intended product, such as prints, stickers, or other merchandise. Alternatively, commercial use in which the image is the main subject for marketing a greater project, such as a book cover, poster, splash page, etc.
+200% of original price
- exclusive image rights. The client retains sole use of the artwork for any commercial project or product, so long as it does not conflict with the artist's ToS. This includes an NDA in which the artist will not share the work in personal galleries/portfolios, if the client wishes it. The NDA may be for a limited time (example: until the project's release) or permanent.
+250-300% of original price
Once the client has contacted the artist with which type of license they are interested in for the art, the artist will write up an official licensing agreement. The client is urged to read through the license and request changes if needed. Once the agreement is signed and the listed amount paid, the outlined usage rights for the image are transferred to the client.
If the client finds they want more extensive rights for the image in the future, the licensing agreement can be adjusted accordingly.
Intentional breeching of the above terms without notice or effort to contact the artist for adjustments to the license may result in the client being blacklisted from further collaboration, a DMCA upon use of the affected artworks, and withdrawal of the commercial licensing terms.
Clients are encouraged to contact the artist if the provided license no longer suits their needs.